01.06.2021

Check the design declaration. Check the design declaration how to fill the new form


Now in the project declaration you need to specify additional information. In particular, on individuals and organizations that are included in one group of persons with the developer, the target loan, the number of contracts concluded shares, including the ESCRO accounts.

Minstroy updated the form of the project declaration. Samples will see more. If you bring incomplete information in the Declaration, the companies threaten fines.

Where and when to hand over the declaration

The design declaration of the developer should send to the regional supervision of equity construction through the personal account in EIZF. Site address - Our.Des.rf. The declaration must be filled in electronic form by the established form with a strengthened qualified electronic signature. Declaration Developer is obliged to enter into an agreement with the first shareholder (paragraph 2 of Art. 19 of the Federal Law of December 30, 2004 No. 214-FZ).

The project declaration includes information on the developer and construction project. The Declaration is an official document where the developer cites the facts that have legal consequences for him. The declaration determines the amount of the rules of the developer to attract funds of shareholders.

On the basis of the Declaration, the Regional Supervision issues a conclusion about the compliance of the developer and its project declaration established requirements (clause 1, 2.1 of Art. 19 of Law No. 214-FZ).

For unreliable or incomplete information in the project declaration, the developer faces a fine. In addition, due to the wrong data, the shareholder can recognize a transaction through the court with a developer of an apartment building or another object invalid (paragraph 7, 8 of Art. 19 of Law No. 214-FZ).

32 nearest changes in the Tax Code -

How to fill the new form

  • Check list. What additional information should be specified in the Declaration
  • Information on individuals or legal entities, which, in accordance with the law on the protection of competition, are included in one group of persons with the developer.

    Data on the amount of payments under the contracts for the development of the built-up territory and on the integrated development of the territory (subsection 7, 8, paragraph 1 of Article 18 of the Federal Law of December 30, 2004 No. 214-ФЗ).

    Information about the target loan or the target loan. Including information about the lender, an affordable loan amount or loan with a lending limit, unused credit line residue at the last reporting date.

    Number of concluded contracts for participation in equity construction. Here, for each contract you need to lead:
    - the total area of \u200b\u200bthe object of equity construction and the price of the contract;
    - view of the object of equity construction: residential premises, non-residential premises, machine-space;
    - the number of contracts by which the developer pays contributions to the Compensation Fund;
    - Number of contracts using ESCRO accounts.

Group of persons. The project declaration now needs to include information about those who are in one group of persons with the developer. We are talking about people and organizations that can influence the developer. For example, it can be founders with a share in the authorized capital of the developer more than 50 percent, the general director of the developer, close relatives, etc.

It is necessary to bring the information that will allow you to identify the participants of the group of persons. For the physician - F. I. O., citizenship and place of residence. For the company - organizational and legal form, OGRN, INN. It is also necessary to indicate, on the basis of what a group of persons with the participation of the developer is formed.

Treaty on the development of the territory. The development agreement on the construction of the built-up territory is to conclude local authorities with the winner of the open auction. Under this contract, the developer must fulfill certain obligations, and the authorities - to create it necessary for this necessary conditions (sub. 3-6, 7-9 p. 1 of Art. 46.2 GRK).

In particular, the developer must at specific time:

  • prepare the project planning and interaction of the built-up area, which will ensure it necessary for residents with infrastructure - engineering communications, transport and social facilities;
  • provide social housing of people who will have to be evicted from houses located in the development zone;
  • pay compensation for the entalessed land and emergency housing for demolition on them;
  • build facilities of capstation in accordance with the approved project plan for the built-up territory.

The authorities should:

  • approve the draft planning of the built-up territory;
  • decide on withdrawal for municipal needs of housing in apartment buildings recognized by emergency demolition;
  • provide a developer without trading land plots for construction.

Treaty on the integrated development of the territory. It is concluded by the federal or local authorities, which provide a land plot for the developer for this purpose (Art. 46.4 GDK).

Comprehensive development includes the preparation of documents on the planning of the territory, the formation of land plots within the boundaries of this territory. As well as the construction of transport, communal and social infrastructures, other objects in accordance with the documentation for the planning of the territory. For such a contract, the developer must be within specific time:

  • prepare a project planning and surveying the territory that will ensure it necessary for residents by infrastructure - communications, transport and social facilities;
  • landscaping and leaning the sections;
  • build objects of communal, transport and social infrastructures and transfer them to the authorities;
  • we master the territory and put into operation facilities of the caption.

The authorities should:

  • approve the territory planning project;
  • create a developer the necessary conditions.

Sample 2. Information on the amount of payments under the development and development of the territory

Target loans and loans. Credit or loan is considered to be targeted if it is attracted to the construction of real estate. Creditors may be banks, founders or participants of the developer. The funds obtained can be used only for construction and other targets established by law. The target is also a loan for refinancing a target loan or loan (paragraph 4 of Art. 2 of Law No. 214-FZ).

For the target loan there are limitations. His total amount provided by all founders or participants in the developer should not be greater than the established limit. It is 20 percent of the planned cost of construction under the design declaration for each issued building permit. And only provided that interest on such a target loan is not higher than the key rates of the Central Bank at the date of the conclusion of a loan agreement increased by two points.

When the developer applies an escrou account for calculations, the rules are special. Restrictions on the use of targets and loan size are not applied. That is, the developer can spend credit and borrowed money at their discretion and take loans from the founders in any amount.

Sample 3. Information about the target loan or loan

Object of equity construction. The subject of the contract with the shareholder is the object of equity construction. This is a residential or non-residential premises, a car. Their developer must transfer the shareholder after receiving permission to commission an apartment building or other object.

Under the Participation Agreement, the developer undertakes to build an appropriate object on time and transfer it to the shareholder after commissioning.

Sample 4. Information on participation contracts in equity construction

The sales maker undertakes to pay the contract price and take the object of equity construction (clause 2 of Art. 2, paragraph 1 of Art. 4 of Law No. 214-FZ).

Table. What will be for violation of the requirements for the design declaration

Violation

Punishment

for developer

for director

Indicated in the design declaration incomplete or inaccurate information. Violated the timing of the placement of the project declaration (before the conclusion of the contract with the first shareholder). Late to make changes to the Declaration (three working days)

200 000-400 000 rubles. (paragraph 2 of Art. 14.28 Administrative Code)

5000-15 000 rub. (paragraph 2 of Art. 14.28 Administrative Code)

Violated the requirements for the design declaration (clause 7 of Art. 19, paragraph 2 of Art. 9 of Law No. 214-FZ)

The shareholder is entitled to recognize the transaction invalid through the court. The developer is obliged within 10 business days to return money with interest in the amount of 1/300 refinancing rate on the day of return for every day of use of money. The term is considered from the date of receipt of the money for money until the day of their return. If the scaler is a citizen, he needs to pay in double interest

537 919

48

131 818

73

129 941

12

94 167

8

93 860

215

84 305

858

82 061

504

79 621

8

78 814

51

76 090

* Changing the place of the developer is indicated in relation to the results of 2019

For three months Introduced 537.9 thousand m² housing. This is a 21 apartment building in 12 residential complexes. Most of the introduced housing is located in the Moscow region (49.4%), and 47.5% account for Moscow. According to the results of 2019, the GC Peak introduced more than 1.7 million m² (1st place in the volume of input). According to project declarations in 2020, GK Peak plans to introduce a total of more than 2.3 million m² housing.

The second place in Top occupied, which since the beginning of the year introduced more than 131 thousand m² of housing and until the end of the year plans to introduce another 171.1 thousand m². P about compared with the top of last year sincethe attorney rose at once to 48 positions, and at the same time introduced only 40% of the volume planned for the year. If all the plans of the Pioneer GK are implemented, then at the end of the year the group will take place in the first twenty.

In the third place turned out to be with the volume of input 129.9 thousand m². At the same time, by the end of the year, the developer plans to introduce only 17.1 thousand m². The developer rose at once at 73 positions compared to the top of last year. If the input plan for the end of the year will be completed, by the end of the year the group will take place in the top 50.

The fourth has become with the volume of input 94.1 thousand m², on the fifth position - with a result of 93.9 thousand m².

If all the plans of developers from the TOP-10 on the entry of housing in 2020 will be fulfilled, then at the end of the year the tent of the leaders will look like this:

Developer

Housing input volume, m²

Groost year
By year

january-

april-

2020 year

2019 year

march

december

fact, m².

plan *, m²

plan, m²

fact, m².

plan,%

537 919

1 814 898

2 352 817

1 752 055

34%

39 300

641 985

681 285

567 481

20%

36 671

629 754

666 425

667 911

93 860

468 869

562 729

257 851

118%

23 469

533 331

556 800

446 276

25%

94 167

400 937

404 433

404 433

679 264

40%

* Input plans are calculated on the basis of commissioning deadlines specified in the design declarations.

Details of the impressive jerk on the 2nd place in the top of entering in the first months of 2020, the portal ERZ.RF commented on the Director of the Sales Group Diana Nilipovskaya (on the picture).

"In the first quarter of 2020, the Pioneer GK introduced four corps in the total area of \u200b\u200b138 thousand square meters. m and three in the total area of \u200b\u200b117 thousand square meters. m.

In the first stage of LIFE-Kutuzovsky LCD in the west of Moscow, the transmission of keys to the shareholders started immediately after the New Year holidays. Currently, 545 of 877 apartments have already been accepted by customers.

The residential complex is located in the Mozhaisk district of the capital near the r. Setun. Nearby - a green zone, which is a continuation of one of the biggest natural reserves in Moscow - "The Valley of the Setun River". On the first floors there are commercial premises, on the underground level - parking, designed by almost 1 thousand cars (in the first stage of the LCD). Separately, it is worth noting the improvement of the territory of the quarter: equipped places for recreation, children's and sports grounds, landscaped landscaping.

Three buildings (K4, K5 and K6) LCD "Life-Botanical Garden" is two 23-storey towers, a total area of \u200b\u200b37 thousand square meters. M and multisective house of the variable floor (from 18 to 21 floors) with an area of \u200b\u200b43.2 thousand square meters. m per 702 apartments. Houses built on the shore r. Jousy.

Residents will be able to enjoy communicating with nature, walking along the embankment, the improvement of which will be completed in the near future. On the first floors of buildings there are commercial premises, the car enthusiasts built underground parking for 310 engineers.

The issuance of keys to the shareholders began at the end of March with K4. The owners of 67 out of 162 apartments in this house are ready to start repairing, "said Diana Nilipovskaya.

Top developers in the volume of housing input in 2020 are available by software.

Other publications

1. The design declaration includes information on the developer and information about the construction project and determines the amount of the development of the development of citizens and legal entities for the construction of (creation) of apartment buildings and (or) other real estate objects specified in such a project declaration. The project declaration is an official document certifying the facts that entail legal consequences for the developer.

2. Project Declaration, information on the compliance of an individual defined in Part 4 of Article 3.2 of this Federal Law, the requirements of this article before the conclusion of a contract with the first participant in the shared construction of an apartment building and (or) of another real estate object is directed by the developer through his personal account in one The information system of housing in the authorized executive body of the constituent entity of the Russian Federation, indicated in part 2 of Article 23 of this Federal Law, using a reinforced qualified electronic signature by filling out the electronic form of the project declaration.

(see text in the previous edition)

2.1. The authorized executive body of the constituent entity of the Russian Federation, specified in paragraph 2 of Article 23 of this Federal Law, within a period of no more than thirty days from the date of receipt of the project declaration, prepare and issuing a conclusion to the Declaration of Development and the Project Declaration by the requirements established by parts 1.1 and 2 of Article 3 , and this federal law, or refusal to issue such a conclusion. In order to confirm the compliance of the developer with the requirements of parts 1.1 and 2 of Article 3 of this Federal Law, the authorized executive body of the constituent entity of the Russian Federation, specified in paragraph 2 of Article 23 of this Federal Law, requests in state authorities, local government bodies, other organizations in the procedure of interdepartmental information interaction.

(see text in the previous edition)

2.1-1. Conclusion on the compliance of the developer and the project declaration with the requirements established by parts 1.1 and 2 of Article 3, and this Federal Law, or the refusal to issue such a conclusion is issued by an authorized body of the executive authority of the constituent entity of the Russian Federation specified in paragraph 2 of Article 23 of this Federal Law, using a united Information system of housing construction in the form of electronic documents signed by a strengthened qualified signature.

ConsultantPlus: Note.

Until 06/28/2021, the issuance of the conclusion refuses only if the developer inconsistency is inconsistent, attracting funds only using ESCRO accounts, the requirements of PP. 1, - and 8 h. 2 tbsp. 3, and (or) non-compliance with the design declaration with the requirements of Art. 20 and (FZ dated 27.06.2019 N 151-FZ).

2.2. In the issuance of the conclusion specified in Part 2.1, it refuses to identify the authorized body of the executive authority of the constituent entity of the Russian Federation specified in paragraph 2 of Article 23 of this Federal Law, the facts of non-compliance of the developer with the requirements established by Parts 1.1 and 2 of Article 3, Article 3.2 of this Federal Law, and (or) non-compliance with the design declaration with the requirements established and of this Federal Law, as well as in the event of a violation by the developer at the date of the project declaration in accordance with Part 2 of Article 19 of this Federal Law, the developer and (or) its main society or subsidiary of such a major society The term of commissioning of an apartment building and (or) of another real estate object, the construction (creation) of which is carried out with the involvement of funds of participants in the equity construction specified in the project declaration submitted for state registration of the participation agreement in Share construction concluded by the developer with the first participant in the shared construction of such real estate objects, for three or more than a month. Refusal to issue specified in Part 2.1 of this article is not allowed for other reasons.

(see text in the previous edition)

2.3. In case the authorized body of the executive authority of the constituent entity of the Russian Federation refused to issue a developer specified in part 2.1 of this article to conclude or if within sixty days from the date of issuance of such a conclusion the developer did not file documents for state registration of a contract with the first participant in the equity building of the apartment building and (or) other real estate object, the project declaration is to be re-directed to the authorized executive body of the constituent entity of the Russian Federation, specified in paragraph 2 of Article 23 of this Federal Law, to obtain this article in accordance with the procedure established part 2 of this article specified in part 2.1 of this article.

(see text in the previous edition)

4. The developer is obliged to make changes to the project declaration relating to the information on the development and construction project, as well as the facts of amending the project documentation, within three working days from the date of the change in the relevant information, except for the cases provided for by paragraph 4.1 of this article.

(see text in the previous edition)

4.1. Monthly no later than the 10th day of the month following the reporting, the developer is obliged to make changes to the project declaration relating to the information provided for in paragraph 11.2 of Part 1 of Article 21

part 2 of Article 23 of this Federal Law, using enhanced qualified electronic signature by filling out the electronic form of the design declaration with changes.

(see text in the previous edition)

7. In the event of a violation by the developer established by this Federal Law, the requirements for the project declaration of shared construction is entitled to go to court or an arbitration court with a claim for recognition of a transaction invalid as perfect under the influence of delusion. If the transaction is invalidated, the developer is obliged to return funds paid by the participant of shared construction under the Treaty and pay interest in accordance with Part 2 of Article 9 of this Federal Law.

8. The developer is responsible for placing the general use of the project declaration in the information and telecommunication networks of the project declaration, including those submitted to it containing incomplete and (or) unreliable information (with the exception of technical errors identified in it - Locks, typos, grammatical or other such mistakes) for providing them with incomplete and (or) unreliable information, the placement or provision of which is provided for by this Federal Law, as well as for the violation of the timing and (or) placement of the project declaration, including changes in it, in accordance with legislation of the Russian Federation.

Today we will tell about the design declaration - a document, without which one or another construction project is imposed on sale. What is a project declaration, and why it is so important when buying housing in a new building, you will learn below. We will also talk about the changes in 2018 associated with this document and other nuances of the building market.

What does the project declaration mean

Under the design declaration of the developer understand official documentSubmitted by the company where complete information about it is presented and, in particular, about an investment-building project to which the document directly belongs. For example, it may touch a residential apartment building.

The project declaration is a key paper for which potential shareholders evaluate the project and decide on the purchase of housing in the primary market.

Design Declaration of Developer (Click to Enlarge)

Key features The developer's design declaration is as follows:

  • the company-developer, which sells housing to citizens on the terms of equity construction, is obligatory to publish this document to each of its project and lay out it in open sources, including its website;
  • acquisition of an apartment in the house under construction is a kind of investment in the result of construction. Therefore, the declaration is also needed and then so that buyers of housing knew everything about who exactly their invested funds and what the developer spends them;
  • each project declaration is compiled under a certain object of equity construction.

As part of the declaration It can be both a separate residential building and several (formed a small ensemble) and even a whole microdistrict. But, nevertheless, each house needs to be described in a document separately according to the sample.

Sample and Declaration Content

In the declaration, there must be comprehensive data on the developer, the project construction project, in addition, the data on current financial results are required quarterly, as well as about the accounts and receivables of the developer.

The design declaration on the construction of a residential building can be drawn up in arbitrary form. A sample of compilation can be easily requested, while the declaration be sure to include such data:

Each of the listed items of the document, the developer can disclose both in the most detailed as possible and more briefly. However, the more information will be present in open access, the more confidence will be to the developer.

In addition, with the development of the project developer has the right change the project declaration. Information on the changes made should be published in all open sources. When such changes do not worsen the conditions for the purchase of apartments, then nothing terrible will not be in it. But if they are for the worse, then the people will not be satisfied.

Buyers before buying an apartment in the house under construction and before signing a contract of shared participation must be clarified by the representative of the developer company this moment. So, you can immediately agree on the question of the return of the money paid, in case the changes in the declaration of the potential buyer will not like. If the change in project documentation is too significant, then the shareholder has the right to break the contract with the developer through the court.

As mentioned earlier, during the construction of a new residential building, its developer is obliged provide maximum full information About your facility so that potential buyers objectively can appreciate it. Mandatory must be in free access and on the developer's website:

  • documents for construction;

2021.
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